IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TYLER DIVISION
`
`
`
`
`
`Case No. 6:12-cv-00783-MHS-CMC
`
`JURY TRIAL DEMANDED
`
`
`EVOLUTIONARY INTELLIGENCE, LLC,
`
`Plaintiff,
`
` v.
`
`APPLE INC.,
`
`Defendant.
`
`
`
`EVOLUTIONARY INTELLIGENCE, LLC,
`
`Plaintiff,
`
`
`
`
`
` v.
`
`SPRINT NEXTEL CORPORATION;
`SPRINT COMMUNICATIONS COMPANY
`L.P.;
`SPRINT SPECTRUM, L.P.; and
`SPRINT SOLUTIONS, INC.,
`Defendants.
`
`EVOLUTIONARY INTELLIGENCE, LLC,
`
`Plaintiff,
`
` v.
`
`FACEBOOK, INC.,
`
`
`
`
`
`Defendant.
`
`
`
`
`Case No. 6:12-cv-00791-MHS-CMC
`
`JURY TRIAL DEMANDED
`
`
`
`
`
`Case No. 6:12-cv-00784-MHS-CMC
`
`JURY TRIAL DEMANDED
`
`Petitioner Apple Inc. - Exhibit 1012, p. 1
`
`

`

`EVOLUTIONARY INTELLIGENCE, LLC,
`
`Plaintiff,
`
` v.
`
`FOURSQUARE LABS, INC.,
`
`Defendant.
`
`
`
`
`
`Case No. 6:12-cv-00785-LED
`
`JURY TRIAL DEMANDED
`
`
`EVOLUTIONARY INTELLIGENCE, LLC,
`
`Plaintiff,
`
`
`
`
`
` v.
`
`GROUPON, INC.,
`
`Case No. 6:12-cv-00787-MHS-CMC
`
`JURY TRIAL DEMANDED
`
`Defendant.
`
`
`EVOLUTIONARY INTELLIGENCE, LLC,
`
`Plaintiff,
`
`
`
`
`
` v.
`
`LIVINGSOCIAL, INC.,
`
`Defendant.
`
`
`
`EVOLUTIONARY INTELLIGENCE, LLC,
`
`Plaintiff,
`
` v.
`
`MILLENNIAL MEDIA, INC.,
`
`Case No. 6:12-cv-00789-MHS-CMC
`
`JURY TRIAL DEMANDED
`
`
`
`
`
`Case No. 6:12-cv-00790-MHS-CMC
`
`JURY TRIAL DEMANDED
`
`Defendant.
`
`
`
`
`
`2
`
`
`
`
`
`Petitioner Apple Inc. - Exhibit 1012, p. 2
`
`

`

`EVOLUTIONARY INTELLIGENCE, LLC,
`
`Plaintiff,
`
`
`
`
`
` v.
`
`TWITTER, INC.,
`
`Case No. 6:12-cv-00792-MHS-CMC
`
`JURY TRIAL DEMANDED
`
`Defendant.
`
`
`
`
`EVOLUTIONARY INTELLIGENCE, LLC,
`
`Plaintiff,
`
`
`
`
`
` v.
`
`YELP, INC.,
`
`
`
`Defendant.
`
`
`
`Case No. 6:12-cv-00794-MHS-CMC
`
`JURY TRIAL DEMANDED
`
`Evolutionary Intelligence’s P.R. 3-1 Disclosure of Asserted Claims and
`Infringement Contentions, and P.R. 3-2 Disclosures
`
`Pursuant to Patent Rule 3-1, Plaintiff Evolutionary Intelligence, LLC
`
`(“Evolutionary Intelligence”) provides its Disclosure of Asserted Claims and
`
`Preliminary Infringement Contentions. Evolutionary Intelligence’s statements are based
`
`on publicly available materials regarding the accused infringing products and services
`
`of Defendants. Evolutionary Intelligence has not yet had access to any discovery of
`
`Defendants’ materials, and therefore certain information is not yet available to
`
`Evolutionary Intelligence that is relevant to its infringement claims. Evolutionary
`
`Intelligence reserves the right to supplement and/or modify its disclosures herein based
`
`on additional information obtained through formal discovery or other means
`
`concerning the Defendants’ products or services. Further, the patents’ claims have not
`
`
`
`3
`
`Petitioner Apple Inc. - Exhibit 1012, p. 3
`
`

`

`yet been construed, and Evolutionary Intelligence’s investigation of claim construction
`
`issues is continuing. Accordingly, Evolutionary Intelligence reserves its right to
`
`supplement and/or modify its disclosures pursuant to P.R. 3-6.
`
`I. Evolutionary Intelligence’s P.R. 3-1(a) Disclosures
`
`A. Apple Inc. (“Apple”)
`
`Subject to ongoing discovery and investigation, Evolutionary Intelligence
`
`contends, pursuant to P.R. 3-1(a), that Apple directly, contributorily and/or by
`
`inducement infringes the following claims: U.S. Patent No. 7,010,536, claims 1–16;
`
`and U.S. Patent No. 7,702,682, claims 1–11 and 14–23. See Exhibits A and B.
`
`B. Facebook, Inc. (“Facebook”)
`
`Subject to ongoing discovery and investigation, Evolutionary Intelligence
`
`contends, pursuant to P.R. 3-1(a), that Facebook directly, contributorily and/or by
`
`inducement infringes the following claims: U.S. Patent No. 7,010,536, claims 1–16;
`
`U.S. Patent No. 7,702,682, claims 1–11 and 14–23. See Exhibits C and D.
`
`C. Twitter, Inc. (“Twitter”)
`
`Subject to ongoing discovery and investigation, Evolutionary Intelligence
`
`contends, pursuant to P.R. 3-1(a), that Twitter directly, contributorily and/or by
`
`inducement infringes the following claims: U.S. Patent No. 7,010,536, claims 1-16;
`
`U.S. Patent No. 7,702,682, claims 1-11, 14-23. See Exhibits E and F.
`
`D. Millennial Media, Inc. (“Millennial”)
`
`Subject to ongoing discovery and investigation, Evolutionary Intelligence
`
`contends, pursuant to P.R. 3-1(a), that Millennial directly, contributorily and/or by
`
`inducement infringes the following claims: U.S. Patent No. 7,010,536, claims 1–16;
`
`U.S. Patent No. 7,702,682, claims 1, 3–7, 10, 11, and 14–22. See Exhibits G and H.
`
`
`
`4
`
`Petitioner Apple Inc. - Exhibit 1012, p. 4
`
`

`

`E. Sprint Nextel Corporation, Spring Communications Company, L.P., Sprint
`Spectrum, L.P., and Sprint Solutions, Inc. (collectively, “Sprint”)
`
`Subject to ongoing discovery and investigation, Evolutionary Intelligence
`
`contends, pursuant to P.R. 3-1(a), that Sprint directly, contributorily and/or by
`
`inducement infringes the following claims: U.S. Patent No. 7,010,536, claims 1-12,
`
`and 14-16; U.S. Patent No. 7,702,682, claims 1-11, and 14-23. See Exhibits I and J.
`
`F. Groupon, Inc. (“Groupon”)
`
`Subject to ongoing discovery and investigation, Evolutionary Intelligence
`
`contends, pursuant to P.R. 3-1(a), that Groupon directly, contributorily and/or by
`
`inducement infringes the following claims: U.S. Patent No. 7,010,536, claims 1-5, 7-
`
`16; U.S. Patent No. 7,702,682, claims 1, 3-7, 10-11, and 14-23. See Exhibits K and L.
`
`G. Livingsocial, Inc. (“Livingsocial”)
`
`Subject to ongoing discovery and investigation, Evolutionary Intelligence
`
`contends, pursuant to P.R. 3-1(a), that Livingsocial directly, contributorily and/or by
`
`inducement infringes the following claims: U.S. Patent No. 7,010,536, claims 1-4, 7-9,
`
`11-16; U.S. Patent No. 7,702,682, claims 1, 3-7, 10-11, 14-16, 19, and 21. See
`
`Exhibits M and N.
`
`H. Foursquare Labs, Inc. (“Foursquare”)
`
`Subject to ongoing discovery and investigation, Evolutionary Intelligence
`
`contends, pursuant to P.R. 3-1(a), that Foursquare directly, contributorily and/or by
`
`inducement infringes the following claims: U.S. Patent No. 7,010,536, claims 1-16;
`
`U.S. Patent No. 7,702,682, claims 1, 3-7, 10-11, and 14-23. See Exhibits O and P.
`
`I. Yelp, Inc. (“Yelp”)
`
`Subject to ongoing discovery and investigation, Evolutionary Intelligence
`
`contends, pursuant to P.R. 3-1(a), that Yelp directly, contributorily and/or by
`
`inducement infringes the following claims: U.S. Patent No. 7,010,536, claims 1-9, 11-
`
`
`
`5
`
`Petitioner Apple Inc. - Exhibit 1012, p. 5
`
`

`

`16; U.S. Patent No. 7,702,682, claims 1, 3–7, 10–11, 15–16, 19, and 21. See Exhibits
`
`Q and R.
`
`II. Evolutionary Intelligence’s P.R. 3-1(b) Disclosures
`
`Subject to ongoing discovery and investigation, Evolutionary Intelligence hereby
`
`contends, pursuant to P.R. 3-1(b), that the asserted patent claims are infringed by the
`
`Defendants’ Accused Instrumentalities as shown in the infringement charts attached as
`
`Exhibits A through R.
`
`III. Evolutionary Intelligence’s P.R. 3-1(c) Disclosures
`
`Subject to ongoing discovery and investigation, Evolutionary Intelligence
`
`contends, pursuant to P.R. 3-1(c), that each element of each infringed claim is found
`
`within each Accused Instrumentality as shown in the infringement charts attached as
`
`Exhibits A through R.
`
`IV. Evolutionary Intelligence’s P.R. 3-1(d) Disclosures
`
`Subject to ongoing discovery and investigation, Evolutionary Intelligence hereby
`
`contends, pursuant to P.R. 3-1(d), that each element of each asserted claim is literally
`
`present in each Accused Instrumentality as shown in Exhibits A through R.
`
`At this time, Evolutionary Intelligence knows of no specific limitation of the
`
`asserted claims where infringement depends on the doctrine of equivalents. However,
`
`as indicated above, further discovery is required regarding literal infringement by the
`
`Defendants’ Accused Instrumentalities, and the claims of the patents-in-suit have yet to
`
`be construed. Evolutionary Intelligence expressly reserves the right to augment and
`
`supplement its position on whether there is infringement under the doctrine of
`
`equivalents of any elements of any asserted claims after discovery from the Defendants
`
`and/or after the Court has construed the asserted claims.
`
`
`
`6
`
`Petitioner Apple Inc. - Exhibit 1012, p. 6
`
`

`

`V. Evolutionary Intelligence’s P.R. 3-1(e) Disclosures
`
`Pursuant to P.R. 3-1(e), Evolutionary Intelligence states that the ’536 patent claims
`
`priority to Provisional Application No. 60/073,209, filed on January 30, 1998, and
`
`that the ’682 patent is a continuation of U.S. Application No. 09/284,113, filed on
`
`April 7, 1999, and claims priority to Provisional Application No. 60/073,209, filed on
`
`January 30, 1998 and International Application No. PCT/US99/01988, filed on
`
`January 28, 1999.
`
`VI. Evolutionary Intelligence’s P.R. 3-1(f) Disclosures
`
`Evolutionary Intelligence hereby discloses, pursuant to P.R. 3-1(f), that
`
`Evolutionary Intelligence does not have any apparatus, product, device, process,
`
`method, act, or other instrumentality that practices the claimed invention.
`
`Evolutionary Intelligence reserves its right to argue that the claimed invention is
`
`practiced by any apparatus, product, device, process, method, act, or other
`
`instrumentality owned by any third party.
`
`VII. Evolutionary Intelligence’s P.R. 3-2 Disclosures
`
`In accordance with P.R. 3-2, Evolutionary Intelligence makes the following
`
`disclosures:
`
`Pursuant to P.R. 3-2(a), Evolutionary Intelligence identifies the following
`
`documents: EV0004059–4192.
`
`Pursuant to P.R. 3-2(b), Evolutionary Intelligence identifies the following
`
`documents that were created on or before the date of application for the patents-in-
`
`suit and that evidence the conception, reduction to practice, design, and development
`
`of the claimed inventions: EV0003913–59.
`
`There may be other documents relevant to conception, reduction to practice,
`
`design, development, and/or disclosure of the claimed invention pursuant to P.R. 3-2
`
`
`
`7
`
`Petitioner Apple Inc. - Exhibit 1012, p. 7
`
`

`

`that are protected by the attorney-client privilege and/or the attorney work product
`
`doctrine. A privilege log identifying those documents will be provided to the
`
`Defendants at the appropriate time.
`
`Pursuant to P.R. 3-2(c), the following documents are copies of the file histories for
`
`the patents-in-suit: EV0000097–645, and EV0000646–1287.
`
`
`
`Dated: May 22, 2013
`
`
`Respectfully submitted,
`
`
`
`
`
`
` /s/ Todd Kennedy /
`Adam J. Gutride, Esq.
`Seth A. Safier, Esq.
`Todd Kennedy, Esq.
`Anthony J. Patek, Esq.
`Marie McCrary, Esq.
`835 Douglass Street
`San Francisco, California 94114
`Telephone: (415) 789-6390
`Facsimile: (415) 449-6469
`adam@gutridesafier.com
`seth@gutridesafier.com
`todd@gutridesafier.com
`anthony@gutridesafier.com
`marie@gutridesafier.com
`
`Charles Ainsworth
`Parker Bunt & Ainsworth
`100 E. Ferguson, Suite 1114
`Tyler, Texas 75702
`Telephone: (903) 531-3535
`Facsimile: (903) 533-9687
`charley@pbatyler.com
`
`Attorneys for Plaintiff Evolutionary
`Intelligence LLC
`
`8
`
`Petitioner Apple Inc. - Exhibit 1012, p. 8
`
`

`

`CERTIFICATE OF SERVICE
`
`The undersigned certifies that, on May 22, 2013, the foregoing document was
`
`served via email on all counsel of record who have consented to electronic service.
`
`
`
`Dated: May 22, 2013
`
` /s/ Todd Kennedy /
`Todd Kennedy
`Gutride Safier LLP
`835 Douglass Street
`San Francisco, California 94114
`Telephone: (415) 789-6390
`Facsimile: (415) 449-6469
`todd@gutridesafier.com
`
`
`
`Petitioner Apple Inc. - Exhibit 1012, p. 9
`
`

`

`1
`
`Ex. B: Apple ’682 Infringement Contentions
`
`
`
`
`
`
`
`infringed claim is found within each accused instrumentality as shown below:
`
`Subject to ongoing discovery and investigation, Evolutionary Intelligence contends, pursuant to P.R. 3-1(c), that each element of each
`
`similar that repeating the relevant discussion and evidence would be unnecessarily cumbersome and redundant.
`
`claim elements have the same claim scope. Rather, such incorporation by reference is used when two or more claim elements are sufficiently
`
`reference discussion and evidence pertaining to other claim elements. Such incorporation by reference to shall not be read to imply that any two
`
`The discussion in the claim chart below with respect to some of the claim elements occasionally refers to and/or incorporates by
`
`and services offered by Apple, and to identify additional accused instrumentalities based on that discovery and further investigation.
`
`Intelligence has not yet had any discovery from Apple. Evolutionary Intelligence reserves its right to seek discovery regarding other products
`
`Evolutionary Intelligence’s identification of these accused instrumentalities is based on publicly available information. Evolutionary
`
`include at least the iPhone, iPad, iPod Touch, and Apple TV. The accused instrumentalities shall also encompass the software
`
`1. All Apple devices compatible with the iOS mobile operating system (collectively, the “iOS-Compatible Devices”). These devices
`
`applications designed to run on these Apple devices.
`
`Subject to ongoing discovery and investigation, Evolutionary Intelligence identifies the following accused instrumentalities of Apple Inc.:
`
`Infringement of U.S. Patent No. 7,702,682 by Apple Inc.
`
`Exhibit B
`
`Petitioner Apple Inc. - Exhibit 1012, p. 10
`
`

`

`2
`
`Ex. B: Apple ’682 Infringement Contentions
`
`
`
`(EV0002419.)
`
`
`
`
`
`The computer-implemented method of the iOS-Compatible Devices practices receiving a search query.
`result.
`substantially the same function, in substantially the same way, to reach substantially the same
`and any accused instrumentality are insubstantial and the accused instrumentality preforms
`satisfied under the doctrine of equivalents because any differences between this claim element
`instrumentality. Evolutionary Intelligence reserves its right to contend that this element is
`Evolutionary Intelligence presently contends that this element is literally present in the accused
`
`implemented method. (See the claim elements below.)
`When used by Apple or third party users, each iOS-Compatible Device practices a computer-
`
`iOS-Compatible Devices
`
`
`
`purchase through the iTunes Store:
`For example, the iOS-Compatible Devices receive search queries relating to media items available for
`
`
`
`
`
` receiving a search
`
`
`
`
`
`
`query;
`
`1B
`
`method comprising:
`1A
`A computer-implemented
`Element U.S. Patent No. 7,702,682
`
`Petitioner Apple Inc. - Exhibit 1012, p. 11
`
`

`

`3
`
`Ex. B: Apple ’682 Infringement Contentions
`
`The search query functionality is further described in the Apple iOS Developer Library documentation:
`
`
`
`
`
`(EV0002420.)
`
`
`
`
`
`been purchased by the user:
`In another example, the iOS-Compatible devices receive search queries relating to media items that have
`
`
`
`iOS-Compatible Devices
`
`Element U.S. Patent No. 7,702,682
`
`Petitioner Apple Inc. - Exhibit 1012, p. 12
`
`

`

`
`
`
`
`4
`
`Ex. B: Apple ’682 Infringement Contentions
`
`(EV0002350.)
`
`
`
`
`
`(EV0002347.)
`
`
`
`
`
`iOS-Compatible Devices
`
`Element U.S. Patent No. 7,702,682
`
`Petitioner Apple Inc. - Exhibit 1012, p. 13
`
`

`

`
`
`
`
`5
`
`Ex. B: Apple ’682 Infringement Contentions
`
`
`
`
`
`iOS-Compatible Devices
`
`Element U.S. Patent No. 7,702,682
`
`Petitioner Apple Inc. - Exhibit 1012, p. 14
`
`

`

`6
`
`Ex. B: Apple ’682 Infringement Contentions
`
`
`
`
`
`
`
`
`
`iOS-Compatible Devices
`
`Element U.S. Patent No. 7,702,682
`
`Petitioner Apple Inc. - Exhibit 1012, p. 15
`
`

`

`7
`
`Ex. B: Apple ’682 Infringement Contentions
`
`
`
`
`
`iOS-Compatible Devices
`
`Element U.S. Patent No. 7,702,682
`
`Petitioner Apple Inc. - Exhibit 1012, p. 16
`
`

`

`
`
`
`
`8
`
`Ex. B: Apple ’682 Infringement Contentions
`
`
`
`iOS-Compatible Devices
`
`Element U.S. Patent No. 7,702,682
`
`Petitioner Apple Inc. - Exhibit 1012, p. 17
`
`

`

`9
`
`Ex. B: Apple ’682 Infringement Contentions
`
`
`
`
`
`
`
`iOS-Compatible Devices
`
`Element U.S. Patent No. 7,702,682
`
`Petitioner Apple Inc. - Exhibit 1012, p. 18
`
`

`

`
`
`
`
`10
`
`Ex. B: Apple ’682 Infringement Contentions
`
`
`
`
`
`iOS-Compatible Devices
`
`Element U.S. Patent No. 7,702,682
`
`Petitioner Apple Inc. - Exhibit 1012, p. 19
`
`

`

`11
`
`Ex. B: Apple ’682 Infringement Contentions
`
`
`
`containers responsive to the search query.
`container registers encapsulated and logically defined in a plurality of containers to identify identified
`The computer-implemented method of the iOS-Compatible Devices searches, using the computer, first
`substantially the same result.
`instrumentality preforms substantially the same function, in substantially the same way, to reach
`element and the method practiced by the accused instrumentality are insubstantial and the accused
`element is practiced under the doctrine of equivalents because any differences between this claim
`practiced by the accused instrumentality. Evolutionary Intelligence reserves its right to contend that this
`Evolutionary Intelligence presently contends that this element is literally present in the method
`
`media, to identify identified containers responsive to the search query.
`corresponding container registers encapsulated and logically defined in the containers associated with
`Device and/or one or more computer servers owned and/or controlled by Apple searches the
`For example, after an iOS-Compatible device receives a query relating to media, the iOS-Compatible
`
`Examples of first container registers that are searched include the “property keys” below:
`
`
`
`
`
`
`
`code.
`reserves its right to supplement and/or modify this claim chart after obtaining discovery of this source
`the iOS operating system and iTunes Store, which is not publicly available. Evolutionary Intelligence
`It is believed that Apple’s implementation of search queries is more fully set forth in the source code of
`
`described in the Apple iOS Developer Library documentation.
`Devices. The above evidence contains only examples, and is not exhaustive. Other examples are
`Publicly available information indicates that search queries are used throughout the iOS-Compatible
`
`(EV0002353-58.)
`
`
`
`
`
`
`
`the search query,
`containers responsive to
`identify identified
`plurality of containers to
`logically defined in a
`registers encapsulated and
`computer, first container
`
` searching, using the
`
`
`
`
`
`
`1C
`
`iOS-Compatible Devices
`
`Element U.S. Patent No. 7,702,682
`
`Petitioner Apple Inc. - Exhibit 1012, p. 20
`
`

`

`12
`
`Ex. B: Apple ’682 Infringement Contentions
`
`
`
`
`
`(EV0002351-52.)
`
`
`
`
`
`iOS-Compatible Devices
`
`Element U.S. Patent No. 7,702,682
`
`Petitioner Apple Inc. - Exhibit 1012, p. 21
`
`

`

`
`
`13
`
`Ex. B: Apple ’682 Infringement Contentions
`
`
`
`iOS-Compatible Devices
`
`Element U.S. Patent No. 7,702,682
`
`Petitioner Apple Inc. - Exhibit 1012, p. 22
`
`

`

`
`
`14
`
`Ex. B: Apple ’682 Infringement Contentions
`
`
`
`with other containers from the plurality of containers.
`defined therein data comprising historical data associated with interactions of the identified containers
`In the computer-implemented method of the iOS-Compatible Devices, the container registers have
`substantially the same result.
`instrumentality preforms substantially the same function, in substantially the same way, to reach
`element and the method practiced by the accused instrumentality are insubstantial and the accused
`element is practiced under the doctrine of equivalents because any differences between this claim
`practiced by the accused instrumentality. Evolutionary Intelligence reserves its right to contend that this
`Evolutionary Intelligence presently contends that this element is literally present in the method
`
`Some examples of container registers with the historical data are as follows:
`
`
`
`
`
`
`
`discovery of this source code.
`Evolutionary Intelligence reserves its right to supplement and/or modify this claim chart after obtaining
`the source code of the iOS operating system and iTunes Store, which is not publicly available.
`It is believed that Apple’s implementation of searching first container registers is more fully set forth in
`
`examples are described in the iOS Developer Library documentation.
`Compatible Devices. The above evidence contains only examples, and is not exhaustive. Other
`Publicly available information indicates that first container registers are used throughout the iOS-
`
`
`
`(EV0002302-03; EV0002308-09.)
`
`
`
`
`
`
`
`plurality of containers,
`other containers from the
`identified containers with
`interactions of the
`data associated with
`data comprising historical
`having defined therein
`
` the container registers
`
`
`
`
`
`
`
`
`1D
`
`iOS-Compatible Devices
`
`Element U.S. Patent No. 7,702,682
`
`Petitioner Apple Inc. - Exhibit 1012, p. 23
`
`

`

`examples are described in the iOS Developer Library documentation.
`Compatible Devices. The above evidence contains only examples, and is not exhaustive. Other
`Publicly available information indicates that container registers are used throughout the iOS-
`
`
`
`15
`
`Ex. B: Apple ’682 Infringement Contentions
`
`
`
`(EV0002308-09.)
`
`
`
`
`
`iOS-Compatible Devices
`
`Element U.S. Patent No. 7,702,682
`
`Petitioner Apple Inc. - Exhibit 1012, p. 24
`
`

`

`16
`
`Ex. B: Apple ’682 Infringement Contentions
`
`
`
`(EV0002347.)
`
`
`
`
`
`registers comprises searching the historical data.
`In the computer-implemented method of the iOS-Compatible Devices, searching the first container
`substantially the same result.
`instrumentality preforms substantially the same function, in substantially the same way, to reach
`element and the method practiced by the accused instrumentality are insubstantial and the accused
`element is practiced under the doctrine of equivalents because any differences between this claim
`practiced by the accused instrumentality. Evolutionary Intelligence reserves its right to contend that this
`Evolutionary Intelligence presently contends that this element is literally present in the method
`
`The searching of the first container registers is discussed in the example below:
`
`
`
`this source code.
`Intelligence reserves its right to supplement and/or modify this claim chart after obtaining discovery of
`source code of the iOS operating system and iTunes Store, which is not publicly available. Evolutionary
`It is believed that Apple’s implementation of searching container registers is more fully set forth in the
`
`
`
`historical data;
`comprises searching the
`container registers
`wherein searching the first
`
`1E
`
`iOS-Compatible Devices
`
`Element U.S. Patent No. 7,702,682
`
`Petitioner Apple Inc. - Exhibit 1012, p. 25
`
`

`

`
`
`17
`
`Ex. B: Apple ’682 Infringement Contentions
`
`
`
`
`
`iOS-Compatible Devices
`
`Element U.S. Patent No. 7,702,682
`
`Petitioner Apple Inc. - Exhibit 1012, p. 26
`
`

`

`
`
`18
`
`Ex. B: Apple ’682 Infringement Contentions
`
`(EV0002350.)
`
`
`
`
`
`containers in a new container.
`The computer-implemented method of the iOS-Compatible Devices encapsulates the identified
`substantially the same result.
`instrumentality preforms substantially the same function, in substantially the same way, to reach
`element and the method practiced by the accused instrumentality are insubstantial and the accused
`element is practiced under the doctrine of equivalents because any differences between this claim
`practiced by the accused instrumentality. Evolutionary Intelligence reserves its right to contend that this
`Evolutionary Intelligence presently contends that this element is literally present in the method
`
`below:
`For example, the identified media containers may be encapsulated in a new container as described
`
`
`
`
`
`
`
`this source code.
`Intelligence reserves its right to supplement and/or modify this claim chart after obtaining discovery of
`source code of the iOS operating system and iTunes Store, which is not publicly available. Evolutionary
`It is believed that Apple’s implementation of searching container registers is more fully set forth in the
`
`examples are described in the iOS Developer Library documentation.
`Compatible Devices. The above evidence contains only examples, and is not exhaustive. Other
`Publicly available information indicates that container registers are used throughout the iOS-
`
`(EV0002308-09.)
`
`
`
`
`
`
`
`new container;
`identified containers in a
`
` encapsulating the
`
`
`
`
`
`
`1F
`
`iOS-Compatible Devices
`
`Element U.S. Patent No. 7,702,682
`
`Petitioner Apple Inc. - Exhibit 1012, p. 27
`
`

`

`
`
`
`
`19
`
`Ex. B: Apple ’682 Infringement Contentions
`
`(EV0002350-51.)
`
`
`
`
`
`iOS-Compatible Devices
`
`Element U.S. Patent No. 7,702,682
`
`Petitioner Apple Inc. - Exhibit 1012, p. 28
`
`

`

`20
`
`
`
`Ex. B: Apple ’682 Infringement Contentions
`
`
`
` rendering of the encapsulation can be shown in the following examples:
`
` A
`
`
`
`(EV0002352.)
`
`
`
`iOS-Compatible Devices
`
`Element U.S. Patent No. 7,702,682
`
`Petitioner Apple Inc. - Exhibit 1012, p. 29
`
`

`

`21
`
`Ex. B: Apple ’682 Infringement Contentions
`
`code.
`reserves its right to supplement and/or modify this claim chart after obtaining discovery of this source
`the iOS operating system and iTunes Store, which is not publicly available. Evolutionary Intelligence
`It is believed that Apple’s implementation of encapsulation is more fully set forth in the source code of
`
`Evolutionary Intelligence presently contends that this element is literally present in the method
`
`
`
`
`
`described in the iOS Developer Library documentation.
`Devices. The above evidence contains only examples, and is not exhaustive. Other examples are
`Publicly available information indicates that encapsulation is used throughout the iOS-Compatible
`
`
`
`(EV0002420.)
`
`
`
`
`
`iOS-Compatible Devices
`
`Element U.S. Patent No. 7,702,682
`
`(EV0002419.)
`
`
`
`
`
`Petitioner Apple Inc. - Exhibit 1012, p. 30
`
`

`

`22
`
`Ex. B: Apple ’682 Infringement Contentions
`
`
`
`(EV0002420.)
`
`
`
`
`
`result. For instance, in the example below, clicking on the media item causes it to play:
`One example of such interaction occurs when a user clicks on a media item corresponding to the search
`
`
`
`new container.
`of the identified containers with data associated with interactions of the identified containers with the
`The computer-implemented method of the iOS-Compatible Devices updates second container registers
`substantially the same result.
`instrumentality preforms substantially the same function, in substantially the same way, to reach
`element and the method practiced by the accused instrumentality are insubstantial and the accused
`element is practiced under the doctrine of equivalents because any differences between this claim
`practiced by the accused instrumentality. Evolutionary Intelligence reserves its right to contend that this
`
`
`
`the new container; and
`identified containers with
`interactions of the
`data associated with
`identified containers with
`container registers of the
`
` updating second
`
`
`
`
`
`
`1G
`
`iOS-Compatible Devices
`
`Element U.S. Patent No. 7,702,682
`
`Petitioner Apple Inc. - Exhibit 1012, p. 31
`
`

`

`23
`
`Ex. B: Apple ’682 Infringement Contentions
`
`MPMediaItemPropertyPlayCount register:
`This causes the media item’s play count to increase, thereby updating the
`
`
`
`
`
`(EV0002421.)
`
`
`
`
`
`iOS-Compatible Devices
`
`Element U.S. Patent No. 7,702,682
`
`Petitioner Apple Inc. - Exhibit 1012, p. 32
`
`

`

`
`
`24
`
`Ex. B: Apple ’682 Infringement Contentions
`
`(EV0002309.)
`
`
`
`
`
`any particular claim element).)
`count; Evolutionary Intelligence does not contend that the use of this application infringes or practices
`(EV0002422 (this screenshot of a third party application is used only to show the increase in play
`
`
`
`
`
`
`
`iOS-Compatible Devices
`
`Element U.S. Patent No. 7,702,682
`
`Petitioner Apple Inc. - Exhibit 1012, p. 33
`
`

`

`25
`
`Ex. B: Apple ’682 Infringement Contentions
`
`
`
`(EV0002350.)
`
`
`
`
`
`identified containers.
`The computer-implemented method of the iOS-Compatible Devices provides a list characterizing the
`substantially the same result.
`instrumentality preforms substantially the same function, in substantially the same way, to reach
`element and the method practiced by the accused instrumentality are insubstantial and the accused
`element is practiced under the doctrine of equivalents because any differences between this claim
`practiced by the accused instrumentality. Evolutionary Intelligence reserves its right to contend that this
`Evolutionary Intelligence presently contends that this element is literally present in the method
`
`For example, the iOS-Compatible Devices provide a list characterizing the searched media:
`
`
`
`
`
`discovery of this source code.
`Evolutionary Intelligence reserves its right to supplement and/or modify this claim chart after obtaining
`in the source code of the iOS operating system and iTunes Store, which is not publicly available.
`It is believed that Apple’s implementation of updating second container registers is more fully set forth
`
`exhaustive. Other examples are described in the iOS Developer Library documentation.
`throughout the iOS-Compatible Devices. The above evidence contains only examples, and is not
`Publicly available information indicates that the updating of second container registers is used
`
`
`
`
`
`identified containers.
`characterizing the
` providing a list
`
`
`
`
`
`
`1H
`
`iOS-Compatible Devices
`
`Element U.S. Patent No. 7,702,682
`
`Petitioner Apple Inc. - Exhibit 1012, p. 34
`
`

`

`
`
`
`
`26
`
`Ex. B: Apple ’682 Infringement Contentions
`
`(EV0002350-51.)
`
`
`
`
`
`iOS-Compatible Devices
`
`Element U.S. Patent No. 7,702,682
`
`Petitioner Apple Inc. - Exhibit 1012, p. 35
`
`

`

`27
`
`Ex. B: Apple ’682 Infringement Contentions
`
`
`
` rendering of such listing shown in the following examples:
`
` A
`
`
`
`(EV0002352.)
`
`
`
`iOS-Compatible Devices
`
`Element U.S. Patent No. 7,702,682
`
`Petitioner Apple Inc. - Exhibit 1012, p. 36
`
`

`

`28
`
`Ex. B: Apple ’682 Infringement Contentions
`
`
`
`(EV0002419.)
`
`
`
`
`
`iOS-Compatible Devices
`
`Element U.S. Patent No. 7,702,682
`
`Petitioner Apple Inc. - Exhibit 1012, p. 37
`
`

`

`29
`
`Ex. B: Apple ’682 Infringement Contentions
`
`this source code.
`Intelligence reserves its right to supplement and/or modify this claim chart after obtaining discovery of
`code of the iOS operating system and iTunes Store, which is not publicly available. Evolutionary
`It is believed that Apple’s implementation of the listing functionality is more fully set forth in the source
`
`element and the method practiced by the accused instrumentality are insubstantial and the accused
`element is practiced under the doctrine of equivalents because any differences between this claim
`practiced by the accused instrumentality. Evolutionary Intelligence reserves its right to contend that this
`Evolutionary Intelligence presently contends that this element is literally present in the method
`
`
`
`
`
`examples are described in the iOS Developer Library documentation.
`Compatible Devices. The above evidence contains only examples, and is not exhaustive. Other
`Publicly available information indicates that the listing functionality is used throughout the iOS-
`
`
`
`(EV0002420.)
`
`
`
`
`
`iOS-Compatible Devices
`
`Element U.S. Patent No. 7,702,682
`
`Petitioner Apple Inc. - Exhibit 1012, p. 38
`
`

`

`
`
`
`
`30
`
`Ex. B: Apple ’682 Infringement Contentions
`
`(EV0002350.)
`
`
`
`(EV0002347.)
`
`
`
`
`
`having at least one parent-child relationship:
`In addition, the received search query of each iOS-Compatible Device comprises a labeled data tree
`
`
`
`implemented method of claim 1. (See above.)
`When used by Apple or third party users, each iOS-Compatible Device practices the computer-
`substantially the same result.
`instrumentality preforms substantially the same function, in substantially the same way, to reach
`
`
`
`relationship.
`least one parent-child
`labeled data tree having at
`search query comprises a
`claim 1, when the received
`implemented method as in
`2. A computer-
`
`2
`
`iOS-Compatible Devices
`
`Element U.S. Patent No. 7,702,682
`
`Petitioner Apple Inc. - Exhibit 1012, p. 39
`
`

`

`
`
`
`
`31
`
`Ex. B: Apple ’682 Infringement Contentions
`
`
`
`
`
`iOS-Compatible Devices
`
`Element U.S. Patent No. 7,702,682
`
`Petitioner Apple Inc. - Exhibit 1012, p. 40
`
`

`

`
`
`
`
`32
`
`Ex. B: Apple ’682 Infringement Contentions
`
`
`
`
`
`
`
`iOS-Compatible Devices
`
`Element U.S. Patent No. 7,702,682
`
`Petitioner Apple Inc. - Exhibit 1012, p. 41
`
`

`

`33
`
`Ex. B: Apple ’682 Infringement Contentions
`
`
`
`
`
`iOS-Compatible Devices
`
`Element U.S. Patent No. 7,702,682
`
`Petitioner Apple Inc. - Exhibit 1012, p. 42
`
`

`

`
`
`
`
`34
`
`Ex. B: Apple ’682 Infringement Contentions
`
`
`
`iOS-Compatible Devices
`
`Element U.S. Patent No. 7,702,682
`
`Petitioner Apple Inc. - Exhibit 1012, p. 43
`
`

`

`35
`
`Ex. B: Apple ’682 Infringement Contentions
`
`